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2022 Supreme(All) 23

RAJAN ROY
Anil Kumar Singh – Appellant
Versus
Pappu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ashish Chaturvedi
For the Respondent: Manish Mehrotra, Manoj Kumar Tiwari, Mohammad Aslam Khan, Mohd. Danish, Sudhanshu Chauhan, Virend Singh

JUDGMENT :

Rajan Roy, J.

1. This is a revision filed by the plaintiff under section 115 of the Code of Civil Procedure challenging an order dated 31.10.2019 passed by the Civil Judge, Junior Division, Lucknow, allowing an application bearing No. A-47 filed by the transferees pendent lite for impleadment.

2. The application A-47 has been allowed by the Court below on the finding that the applicants (respondent nos. 3 and 4 in the revision) are the bona fide purchasers whose presence is necessary in order to enable court to effectually and completely adjudicate upon and settle all the questions involved in the suit.

3. The facts of the case, in brief, are that respondent no. 1 and 2 (defendant nos. 1 and 2 in the suit) entered into an agreement to sell in respect to the suit property on 8.5.2015 with the revisionist-plaintiff, but failed to perform their part of the agreement, consequently a suit for specific performance of contract was filed by the revisionist on 5.10.2016 before the court below at Lucknow. The civil court issued summons which were served upon defendant nos. 1 and 2 on 20.10.2016. Thereafter, i.e., during pendency of the said suit bearing No. 1857 of 2016, Anil Kumar Si

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